John Suayan, Galveston Bureau Feb. 25, 2013, 3:18pm

GALVESTON - An elderly woman is suing Wal-Mart Stores Texas LLC after she fell at its Kemah store last year, recent court documents say.

Leola Cates, 93, filed suit against the retailer Feb. 25 in Galveston County District Court.

The suit states that Cates was shopping at Wal-Mart on Feb. 1, 2012, when she became seriously injured because of a sticky substance on the floor.

"Ms. Cates fell forward on her face, rendering her unconscious and then the right side of her body hit the floor fracturing her shoulder and wrist," the original petition says.

According to Cates, the respondent "negligently permitted the floor to become slippery with a liquid substance, negligently or willfully allowed such condition to continue and negligently or willfully failed to warn the plaintiff of the condition on the floor."

The company is faulted for:

  • Failing to properly inspect and maintain the flooring area in question;

  • Failing to maintain the floor in a reasonably safe condition;

  • Failing to give adequate and understandable warnings;

  • Failing to remove the sticky substance; and

  • Failing to discover and remove the sticky substance within a reasonable time.

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

She is represented by attorney John J. Kahn with The Kahn Law Firm PC in Houston.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 13-CV-285

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